On November 7, 2014, RealD Inc. of Beverly Hills, California ("RealD") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that MasterImage 3D, Inc. of Sherman Oaks, California and MasterImage 3D Asia, LLC of South Korea (collectively, "MasterImage") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain three-dimensional cinema systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,905,602 (the '602 patent), 8,220,934 (the '934 patent), 7,857,455 (the '455 patent), and 7,959,296 (the '296 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to three-dimensional cinema system technology. In particular, the '602 and '934 patents relate to a system for polarization conversion that receives randomly-polarized light bundles from a projector lens and separates into two paths the p-polarized light and s-polarized light. The '455 and '296 patents relate to a system for splitting received image light energy into a primary path of light energy and a secondary path of light energy.
In the complaint, RealD states that MasterImage imports and sells products that infringe the asserted patents. The complaint specifically refers to the MasterImage-Horizon3D digital cinema system and MasterImage-Horizon3D dual digital cinema system as infringing products.
Regarding domestic industry, RealD states that it currently manufactures products that practice the asserted patents at a facility in Boulder, Colorado. These products include the RealD XL Cinema System, RealD XL Dual Projector Cinema System, RealD XLW Cinema System, and RealD XLW Dual Projector Cinema System. RealD further states that it has made significant investments in research, development, and engineering in the U.S.
As to related litigation, RealD states that it is currently engaged in a district court action against MasterImage in the U.S. District Court for the Central District of California relating to the asserted patents. RealD also identifies another district court action in the Central District of California against unrelated defendants. Lastly, RealD states that MasterImage has filed five inter partes review (IPR) petitions pertaining to the asserted patents—one each for the '296, '602, and '934 patents, and two for the '455 patent.
With respect to potential remedy, RealD requests that the Commission issue a limited exclusion order and permanent cease and desist orders directed at MasterImage.